Alienation of affection - what is needed to prove?

North Carolina Divorce Law Divorce and Separation Answers
1

Hello,
This is all new to me…I just determined my husband is cheating on me. I have hired a Private Investigator, but wondered what is actually needed to prove Alienation of affection. Once it can be proven, what does that actually mean for me?

Thank you!

2

Not an attorney

I think it means that you can get a divorce without waiting a year in separate residences.

3

Not an attorney

It does NOT mean you are exempt from the 1 year separation requirement. You are still required to wait a year. Also, NC is a no-fault divorce state.

It means that you can pursue a torte claim (law suit) against the paramour. However, if you do some research on it you will find the claims are VERY expensive to pursue (tens of thousands of dollars) with an unlikely chance of recuperating those expenses unless the paramour is quite wealthy. Most regular individuals can find exemptions to paying the judgement (judgement proof).

Your best bet is to leverage it during negotiations while keeping in mind what I’ve written above.

4

My co-worker claims that she got her divorce before the one year period due to adultery on her part…the man she cheated with testified that to be true in court …she got the divorce.
I’m not trying to hand out untrue information, I only speak when I have been through it, or someone else has (that I know)

5

NC is a no-fault state. The adultery is irrelevant when it comes to the ability to divorce or the separation requirement. The 1 year limit is REALLY hard to get around, I think you need to claim fraud (for an annulment) or insanity.

6

There is no way around the year separation for a divorce. Using insanity as grounds has specific requirements including hospitalization or diagnosis 3 years prior to the filing, and it is much more complicated than seeking a divorce based on a years separation. Even though the claim still exists, I have never seen insanity used as a means for divorce.

To prove alienation of affection you must show that there was love and affection between you and your spouse and that the actions of a third party alienated that affection. If you can prove this, it means that you can bring an action against the third party seeking damages.